21BAppeal to Court of Criminal Appeal or Full Court

21B Appeal to Court of Criminal Appeal or Full Court

[Section 21B Inserted by No. 27 of 2020, s. 7, Applied:01 Jul 2021]

(1)  A person referred to in subsection (2) may appeal, to the relevant court specified in subsection (3) , a decision of a judge of the Supreme Court to –

(a) grant an order for bail in respect of a person; or

(b) impose a condition on an order for bail made in respect of a person; or

(c) refuse to make an order for bail in respect of a person.

(2)  An appeal under subsection (1) may only be made by one or more of the following persons:

(a) the person –

(i) admitted to bail under the order to which the appeal relates; or

(ii) refused the order for bail to which the appeal relates;

(b) a Crown Law Officer within the meaning of section 1 of the Criminal Code;

(c) if the appeal relates to an order for bail, or a refusal to grant bail, in respect of an offence against a law of the Commonwealth –

(i) the Director of Public Prosecutions of the Commonwealth; or

(ii) a person acting on behalf of the Director of Public Prosecutions of the Commonwealth.

(3)  An appeal under subsection (1)  –

(a) is to be commenced by filing a notice of appeal, in the registry of the relevant court, that specifies which orders are sought; and

(b) is to be made to –

(i) if the appeal relates to an order for bail that requires the person admitted to bail under the order to appear before the Court of Criminal Appeal, that court; or